Public Act 097-0800
 
SB2819 EnrolledLRB097 14650 RLC 59538 b

    AN ACT concerning corrections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Sections 3-2-2, 3-2-5, 3-5-3, 5-8-1.1, and 5-8-1.3 as
follows:
 
    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
    Sec. 3-2-2. Powers and Duties of the Department.
    (1) In addition to the powers, duties and responsibilities
which are otherwise provided by law, the Department shall have
the following powers:
        (a) To accept persons committed to it by the courts of
    this State for care, custody, treatment and
    rehabilitation, and to accept federal prisoners and aliens
    over whom the Office of the Federal Detention Trustee is
    authorized to exercise the federal detention function for
    limited purposes and periods of time.
        (b) To develop and maintain reception and evaluation
    units for purposes of analyzing the custody and
    rehabilitation needs of persons committed to it and to
    assign such persons to institutions and programs under its
    control or transfer them to other appropriate agencies. In
    consultation with the Department of Alcoholism and
    Substance Abuse (now the Department of Human Services), the
    Department of Corrections shall develop a master plan for
    the screening and evaluation of persons committed to its
    custody who have alcohol or drug abuse problems, and for
    making appropriate treatment available to such persons;
    the Department shall report to the General Assembly on such
    plan not later than April 1, 1987. The maintenance and
    implementation of such plan shall be contingent upon the
    availability of funds.
        (b-1) To create and implement, on January 1, 2002, a
    pilot program to establish the effectiveness of
    pupillometer technology (the measurement of the pupil's
    reaction to light) as an alternative to a urine test for
    purposes of screening and evaluating persons committed to
    its custody who have alcohol or drug problems. The pilot
    program shall require the pupillometer technology to be
    used in at least one Department of Corrections facility.
    The Director may expand the pilot program to include an
    additional facility or facilities as he or she deems
    appropriate. A minimum of 4,000 tests shall be included in
    the pilot program. The Department must report to the
    General Assembly on the effectiveness of the program by
    January 1, 2003.
        (b-5) To develop, in consultation with the Department
    of State Police, a program for tracking and evaluating each
    inmate from commitment through release for recording his or
    her gang affiliations, activities, or ranks.
        (c) To maintain and administer all State correctional
    institutions and facilities under its control and to
    establish new ones as needed. Pursuant to its power to
    establish new institutions and facilities, the Department
    may, with the written approval of the Governor, authorize
    the Department of Central Management Services to enter into
    an agreement of the type described in subsection (d) of
    Section 405-300 of the Department of Central Management
    Services Law (20 ILCS 405/405-300). The Department shall
    designate those institutions which shall constitute the
    State Penitentiary System.
        Pursuant to its power to establish new institutions and
    facilities, the Department may authorize the Department of
    Central Management Services to accept bids from counties
    and municipalities for the construction, remodeling or
    conversion of a structure to be leased to the Department of
    Corrections for the purposes of its serving as a
    correctional institution or facility. Such construction,
    remodeling or conversion may be financed with revenue bonds
    issued pursuant to the Industrial Building Revenue Bond Act
    by the municipality or county. The lease specified in a bid
    shall be for a term of not less than the time needed to
    retire any revenue bonds used to finance the project, but
    not to exceed 40 years. The lease may grant to the State
    the option to purchase the structure outright.
        Upon receipt of the bids, the Department may certify
    one or more of the bids and shall submit any such bids to
    the General Assembly for approval. Upon approval of a bid
    by a constitutional majority of both houses of the General
    Assembly, pursuant to joint resolution, the Department of
    Central Management Services may enter into an agreement
    with the county or municipality pursuant to such bid.
        (c-5) To build and maintain regional juvenile
    detention centers and to charge a per diem to the counties
    as established by the Department to defray the costs of
    housing each minor in a center. In this subsection (c-5),
    "juvenile detention center" means a facility to house
    minors during pendency of trial who have been transferred
    from proceedings under the Juvenile Court Act of 1987 to
    prosecutions under the criminal laws of this State in
    accordance with Section 5-805 of the Juvenile Court Act of
    1987, whether the transfer was by operation of law or
    permissive under that Section. The Department shall
    designate the counties to be served by each regional
    juvenile detention center.
        (d) To develop and maintain programs of control,
    rehabilitation and employment of committed persons within
    its institutions.
        (d-5) To provide a pre-release job preparation program
    for inmates at Illinois adult correctional centers.
        (e) To establish a system of supervision and guidance
    of committed persons in the community.
        (f) To establish in cooperation with the Department of
    Transportation to supply a sufficient number of prisoners
    for use by the Department of Transportation to clean up the
    trash and garbage along State, county, township, or
    municipal highways as designated by the Department of
    Transportation. The Department of Corrections, at the
    request of the Department of Transportation, shall furnish
    such prisoners at least annually for a period to be agreed
    upon between the Director of Corrections and the Director
    of Transportation. The prisoners used on this program shall
    be selected by the Director of Corrections on whatever
    basis he deems proper in consideration of their term,
    behavior and earned eligibility to participate in such
    program - where they will be outside of the prison facility
    but still in the custody of the Department of Corrections.
    Prisoners convicted of first degree murder, or a Class X
    felony, or armed violence, or aggravated kidnapping, or
    criminal sexual assault, aggravated criminal sexual abuse
    or a subsequent conviction for criminal sexual abuse, or
    forcible detention, or arson, or a prisoner adjudged a
    Habitual Criminal shall not be eligible for selection to
    participate in such program. The prisoners shall remain as
    prisoners in the custody of the Department of Corrections
    and such Department shall furnish whatever security is
    necessary. The Department of Transportation shall furnish
    trucks and equipment for the highway cleanup program and
    personnel to supervise and direct the program. Neither the
    Department of Corrections nor the Department of
    Transportation shall replace any regular employee with a
    prisoner.
        (g) To maintain records of persons committed to it and
    to establish programs of research, statistics and
    planning.
        (h) To investigate the grievances of any person
    committed to the Department, to inquire into any alleged
    misconduct by employees or committed persons, and to
    investigate the assets of committed persons to implement
    Section 3-7-6 of this Code; and for these purposes it may
    issue subpoenas and compel the attendance of witnesses and
    the production of writings and papers, and may examine
    under oath any witnesses who may appear before it; to also
    investigate alleged violations of a parolee's or
    releasee's conditions of parole or release; and for this
    purpose it may issue subpoenas and compel the attendance of
    witnesses and the production of documents only if there is
    reason to believe that such procedures would provide
    evidence that such violations have occurred.
        If any person fails to obey a subpoena issued under
    this subsection, the Director may apply to any circuit
    court to secure compliance with the subpoena. The failure
    to comply with the order of the court issued in response
    thereto shall be punishable as contempt of court.
        (i) To appoint and remove the chief administrative
    officers, and administer programs of training and
    development of personnel of the Department. Personnel
    assigned by the Department to be responsible for the
    custody and control of committed persons or to investigate
    the alleged misconduct of committed persons or employees or
    alleged violations of a parolee's or releasee's conditions
    of parole shall be conservators of the peace for those
    purposes, and shall have the full power of peace officers
    outside of the facilities of the Department in the
    protection, arrest, retaking and reconfining of committed
    persons or where the exercise of such power is necessary to
    the investigation of such misconduct or violations.
        (j) To cooperate with other departments and agencies
    and with local communities for the development of standards
    and programs for better correctional services in this
    State.
        (k) To administer all moneys and properties of the
    Department.
        (l) To report annually to the Governor on the committed
    persons, institutions and programs of the Department.
        (l-5) (Blank). In a confidential annual report to the
    Governor, the Department shall identify all inmate gangs by
    specifying each current gang's name, population and allied
    gangs. The Department shall further specify the number of
    top leaders identified by the Department for each gang
    during the past year, and the measures taken by the
    Department to segregate each leader from his or her gang
    and allied gangs. The Department shall further report the
    current status of leaders identified and segregated in
    previous years. All leaders described in the report shall
    be identified by inmate number or other designation to
    enable tracking, auditing, and verification without
    revealing the names of the leaders. Because this report
    contains law enforcement intelligence information
    collected by the Department, the report is confidential and
    not subject to public disclosure.
        (m) To make all rules and regulations and exercise all
    powers and duties vested by law in the Department.
        (n) To establish rules and regulations for
    administering a system of good conduct credits,
    established in accordance with Section 3-6-3, subject to
    review by the Prisoner Review Board.
        (o) To administer the distribution of funds from the
    State Treasury to reimburse counties where State penal
    institutions are located for the payment of assistant
    state's attorneys' salaries under Section 4-2001 of the
    Counties Code.
        (p) To exchange information with the Department of
    Human Services and the Department of Healthcare and Family
    Services for the purpose of verifying living arrangements
    and for other purposes directly connected with the
    administration of this Code and the Illinois Public Aid
    Code.
        (q) To establish a diversion program.
        The program shall provide a structured environment for
    selected technical parole or mandatory supervised release
    violators and committed persons who have violated the rules
    governing their conduct while in work release. This program
    shall not apply to those persons who have committed a new
    offense while serving on parole or mandatory supervised
    release or while committed to work release.
        Elements of the program shall include, but shall not be
    limited to, the following:
            (1) The staff of a diversion facility shall provide
        supervision in accordance with required objectives set
        by the facility.
            (2) Participants shall be required to maintain
        employment.
            (3) Each participant shall pay for room and board
        at the facility on a sliding-scale basis according to
        the participant's income.
            (4) Each participant shall:
                (A) provide restitution to victims in
            accordance with any court order;
                (B) provide financial support to his
            dependents; and
                (C) make appropriate payments toward any other
            court-ordered obligations.
            (5) Each participant shall complete community
        service in addition to employment.
            (6) Participants shall take part in such
        counseling, educational and other programs as the
        Department may deem appropriate.
            (7) Participants shall submit to drug and alcohol
        screening.
            (8) The Department shall promulgate rules
        governing the administration of the program.
        (r) To enter into intergovernmental cooperation
    agreements under which persons in the custody of the
    Department may participate in a county impact
    incarceration program established under Section 3-6038 or
    3-15003.5 of the Counties Code.
        (r-5) (Blank).
        (r-10) To systematically and routinely identify with
    respect to each streetgang active within the correctional
    system: (1) each active gang; (2) every existing inter-gang
    affiliation or alliance; and (3) the current leaders in
    each gang. The Department shall promptly segregate leaders
    from inmates who belong to their gangs and allied gangs.
    "Segregate" means no physical contact and, to the extent
    possible under the conditions and space available at the
    correctional facility, prohibition of visual and sound
    communication. For the purposes of this paragraph (r-10),
    "leaders" means persons who:
            (i) are members of a criminal streetgang;
            (ii) with respect to other individuals within the
        streetgang, occupy a position of organizer,
        supervisor, or other position of management or
        leadership; and
            (iii) are actively and personally engaged in
        directing, ordering, authorizing, or requesting
        commission of criminal acts by others, which are
        punishable as a felony, in furtherance of streetgang
        related activity both within and outside of the
        Department of Corrections.
    "Streetgang", "gang", and "streetgang related" have the
    meanings ascribed to them in Section 10 of the Illinois
    Streetgang Terrorism Omnibus Prevention Act.
        (s) To operate a super-maximum security institution,
    in order to manage and supervise inmates who are disruptive
    or dangerous and provide for the safety and security of the
    staff and the other inmates.
        (t) To monitor any unprivileged conversation or any
    unprivileged communication, whether in person or by mail,
    telephone, or other means, between an inmate who, before
    commitment to the Department, was a member of an organized
    gang and any other person without the need to show cause or
    satisfy any other requirement of law before beginning the
    monitoring, except as constitutionally required. The
    monitoring may be by video, voice, or other method of
    recording or by any other means. As used in this
    subdivision (1)(t), "organized gang" has the meaning
    ascribed to it in Section 10 of the Illinois Streetgang
    Terrorism Omnibus Prevention Act.
        As used in this subdivision (1)(t), "unprivileged
    conversation" or "unprivileged communication" means a
    conversation or communication that is not protected by any
    privilege recognized by law or by decision, rule, or order
    of the Illinois Supreme Court.
        (u) To establish a Women's and Children's Pre-release
    Community Supervision Program for the purpose of providing
    housing and services to eligible female inmates, as
    determined by the Department, and their newborn and young
    children.
        (u-5) To issue an order, whenever a person committed to
    the Department absconds or absents himself or herself,
    without authority to do so, from any facility or program to
    which he or she is assigned. The order shall be certified
    by the Director, the Supervisor of the Apprehension Unit,
    or any person duly designated by the Director, with the
    seal of the Department affixed. The order shall be directed
    to all sheriffs, coroners, and police officers, or to any
    particular person named in the order. Any order issued
    pursuant to this subdivision (1) (u-5) shall be sufficient
    warrant for the officer or person named in the order to
    arrest and deliver the committed person to the proper
    correctional officials and shall be executed the same as
    criminal process.
        (v) To do all other acts necessary to carry out the
    provisions of this Chapter.
    (2) The Department of Corrections shall by January 1, 1998,
consider building and operating a correctional facility within
100 miles of a county of over 2,000,000 inhabitants, especially
a facility designed to house juvenile participants in the
impact incarceration program.
    (3) When the Department lets bids for contracts for medical
services to be provided to persons committed to Department
facilities by a health maintenance organization, medical
service corporation, or other health care provider, the bid may
only be let to a health care provider that has obtained an
irrevocable letter of credit or performance bond issued by a
company whose bonds are rated AAA by a bond rating
organization.
    (4) When the Department lets bids for contracts for food or
commissary services to be provided to Department facilities,
the bid may only be let to a food or commissary services
provider that has obtained an irrevocable letter of credit or
performance bond issued by a company whose bonds are rated AAA
by a bond rating organization.
(Source: P.A. 96-1265, eff. 7-26-10.)
 
    (730 ILCS 5/3-2-5)  (from Ch. 38, par. 1003-2-5)
    Sec. 3-2-5. Organization of the Department of Corrections
and the Department of Juvenile Justice.
    (a) There shall be an Adult Division within the Department
which shall be administered by an Assistant Director appointed
by the Governor under The Civil Administrative Code of
Illinois. The Assistant Director shall be under the direction
of the Director. The Adult Division shall be responsible for
all persons committed or transferred to the Department under
Sections 3-10-7 or 5-8-6 of this Code.
    (b) There shall be a Department of Juvenile Justice which
shall be administered by a Director appointed by the Governor
under the Civil Administrative Code of Illinois. The Department
of Juvenile Justice shall be responsible for all persons under
17 years of age when sentenced to imprisonment and committed to
the Department under subsection (c) of Section 5-8-6 of this
Code, Section 5-10 of the Juvenile Court Act, or Section 5-750
of the Juvenile Court Act of 1987. Persons under 17 years of
age committed to the Department of Juvenile Justice pursuant to
this Code shall be sight and sound separate from adult
offenders committed to the Department of Corrections.
    (c) The Department shall create a gang intelligence unit
under the supervision of the Director. The unit shall be
specifically designed to gather information regarding the
inmate gang population, monitor the activities of gangs, and
prevent the furtherance of gang activities through the
development and implementation of policies aimed at deterring
gang activity. The Director shall appoint a Corrections
Intelligence Coordinator.
    All information collected and maintained by the unit shall
be highly confidential, and access to that information shall be
restricted by the Department. The information shall be used to
control and limit the activities of gangs within correctional
institutions under the jurisdiction of the Illinois Department
of Corrections and may be shared with other law enforcement
agencies in order to curb gang activities outside of
correctional institutions under the jurisdiction of the
Department and to assist in the investigations and prosecutions
of gang activity. The Department shall establish and promulgate
rules governing the release of information to outside law
enforcement agencies. Due to the highly sensitive nature of the
information, the information is exempt from requests for
disclosure under the Freedom of Information Act as the
information contained is highly confidential and may be harmful
if disclosed.
    The Department shall file an annual report with the General
Assembly on the profile of the inmate population associated
with gangs, gang-related activity within correctional
institutions under the jurisdiction of the Department, and an
overall status of the unit as it relates to its function and
performance.
(Source: P.A. 94-696, eff. 6-1-06.)
 
    (730 ILCS 5/3-5-3)  (from Ch. 38, par. 1003-5-3)
    Sec. 3-5-3. Annual and other Reports.
    (a) The Director shall make an annual report to the
Governor and General Assembly under Section 5-650 of the
Departments of State Government Law (20 ILCS 5/5-650),
concerning the state and condition of all persons committed to
the Department, its institutions, facilities and programs, of
all moneys expended and received, and on what accounts expended
and received. The report may also include an abstract of all
reports made to the Department by individual institutions,
facilities or programs during the preceding year.
    (b) (Blank). The Director shall make an annual report to
the Governor and to the State Legislature on any inadequacies
in the institutions, facilities or programs of the Department
and also such amendments to the laws of the State which in his
judgment are necessary in order to best advance the purposes of
this Code.
    (c) The Director may require such reports from division
administrators, chief administrative officers and other
personnel as he deems necessary for the administration of the
Department.
    (d) (Blank). The Department of Corrections shall, by
January 1, 1990, January 1, 1991, and every 2 years thereafter,
transmit to the Governor and the General Assembly a 5 year long
range planning document for adult female offenders under the
Department's supervision. The document shall detail how the
Department plans to meet the housing, educational/training,
Correctional Industries and programming needs of the
escalating adult female offender population.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    (730 ILCS 5/5-8-1.1)  (from Ch. 38, par. 1005-8-1.1)
    Sec. 5-8-1.1. Impact incarceration.
    (a) The Department may establish and operate an impact
incarceration program for eligible offenders. If the court
finds under Section 5-4-1 that an offender sentenced to a term
of imprisonment for a felony may meet the eligibility
requirements of the Department, the court may in its sentencing
order approve the offender for placement in the impact
incarceration program conditioned upon his acceptance in the
program by the Department. Notwithstanding the sentencing
provisions of this Code, the sentencing order also shall
provide that if the Department accepts the offender in the
program and determines that the offender has successfully
completed the impact incarceration program, the sentence shall
be reduced to time considered served upon certification to the
court by the Department that the offender has successfully
completed the program. In the event the offender is not
accepted for placement in the impact incarceration program or
the offender does not successfully complete the program, his
term of imprisonment shall be as set forth by the court in its
sentencing order.
    (b) In order to be eligible to participate in the impact
incarceration program, the committed person shall meet all of
the following requirements:
        (1) The person must be not less than 17 years of age
    nor more than 35 years of age.
        (2) The person has not previously participated in the
    impact incarceration program and has not previously served
    more than one prior sentence of imprisonment for a felony
    in an adult correctional facility.
        (3) The person has not been convicted of a Class X
    felony, first or second degree murder, armed violence,
    aggravated kidnapping, criminal sexual assault, aggravated
    criminal sexual abuse or a subsequent conviction for
    criminal sexual abuse, forcible detention, residential
    arson, place of worship arson, or arson and has not been
    convicted previously of any of those offenses.
        (4) The person has been sentenced to a term of
    imprisonment of 8 years or less.
        (5) The person must be physically able to participate
    in strenuous physical activities or labor.
        (6) The person must not have any mental disorder or
    disability that would prevent participation in the impact
    incarceration program.
        (7) The person has consented in writing to
    participation in the impact incarceration program and to
    the terms and conditions thereof.
        (8) The person was recommended and approved for
    placement in the impact incarceration program in the
    court's sentencing order.
    The Department may also consider, among other matters,
whether the committed person has any outstanding detainers or
warrants, whether the committed person has a history of
escaping or absconding, whether participation in the impact
incarceration program may pose a risk to the safety or security
of any person and whether space is available.
    (c) The impact incarceration program shall include, among
other matters, mandatory physical training and labor, military
formation and drills, regimented activities, uniformity of
dress and appearance, education and counseling, including drug
counseling where appropriate.
    (d) Privileges including visitation, commissary, receipt
and retention of property and publications and access to
television, radio and a library may be suspended or restricted,
notwithstanding provisions to the contrary in this Code.
    (e) Committed persons participating in the impact
incarceration program shall adhere to all Department rules and
all requirements of the program. Committed persons shall be
informed of rules of behavior and conduct. Disciplinary
procedures required by this Code or by Department rule are not
applicable except in those instances in which the Department
seeks to revoke good time.
    (f) Participation in the impact incarceration program
shall be for a period of 120 to 180 days. The period of time a
committed person shall serve in the impact incarceration
program shall not be reduced by the accumulation of good time.
    (g) The committed person shall serve a term of mandatory
supervised release as set forth in subsection (d) of Section
5-8-1.
    (h) A committed person may be removed from the program for
a violation of the terms or conditions of the program or in the
event he is for any reason unable to participate. The
Department shall promulgate rules and regulations governing
conduct which could result in removal from the program or in a
determination that the committed person has not successfully
completed the program. Committed persons shall have access to
such rules, which shall provide that a committed person shall
receive notice and have the opportunity to appear before and
address one or more hearing officers. A committed person may be
transferred to any of the Department's facilities prior to the
hearing.
    (i) The Department may terminate the impact incarceration
program at any time.
    (j) The Department shall report to the Governor and the
General Assembly on or before September 30th of each year on
the impact incarceration program, including the composition of
the program by the offenders, by county of commitment,
sentence, age, offense and race.
    (k) The Department of Corrections shall consider the
affirmative action plan approved by the Department of Human
Rights in hiring staff at the impact incarceration facilities.
The Department shall report to the Director of Human Rights on
or before April 1 of the year on the sex, race and national
origin of persons employed at each impact incarceration
facility.
(Source: P.A. 93-169, eff. 7-10-03.)
 
    (730 ILCS 5/5-8-1.3)
    Sec. 5-8-1.3. Pilot residential and transition treatment
program for women.
    (a) The General Assembly recognizes:
        (1) that drug-offending women with children who have
    been in and out of the criminal justice system for years
    are a serious problem;
        (2) that the intergenerational cycle of women
    continuously being part of the criminal justice system
    needs to be broken;
        (3) that the effects of drug offending women with
    children disrupts family harmony and creates an atmosphere
    that is not conducive to healthy childhood development;
        (4) that there is a need for an effective residential
    community supervision model to provide help to women to
    become drug free, recover from trauma, focus on healthy
    mother-child relationships, and establish economic
    independence and long-term support;
        (5) that certain non-violent women offenders with
    children eligible for sentences of incarceration, may
    benefit from the rehabilitative aspects of gender
    responsive treatment programs and services. This Section
    shall not be construed to allow violent offenders to
    participate in a treatment program.
    (b) Under the direction of the sheriff and with the
approval of the county board of commissioners, the sheriff, in
any county with more than 3,000,000 inhabitants, may operate a
residential and transition treatment program for women
established by the Illinois Department of Corrections if
funding has been provided by federal, local or private
entities. If the court finds during the sentencing hearing
conducted under Section 5-4-1 that a woman convicted of a
felony meets the eligibility requirements of the sheriff's
residential and transition treatment program for women, the
court may refer the offender to the sheriff's residential and
transition treatment program for women for consideration as a
participant as an alternative to incarceration in the
penitentiary. The sheriff shall be responsible for supervising
all women who are placed in the residential and transition
treatment program for women for the 12-month period. In the
event that the woman is not accepted for placement in the
sheriff's residential and transition treatment program for
women, the court shall proceed to sentence the woman to any
other disposition authorized by this Code. If the woman does
not successfully complete the residential and transition
treatment program for women, the woman's failure to do so shall
constitute a violation of the sentence to the residential and
transition treatment program for women.
    (c) In order to be eligible to be a participant in the
pilot residential and transition treatment program for women,
the participant shall meet all of the following conditions:
        (1) The woman has not been convicted of a violent crime
    as defined in subsection (c) of Section 3 of the Rights of
    Crime Victims and Witnesses Act, a Class X felony, first or
    second degree murder, armed violence, aggravated
    kidnapping, criminal sexual assault, aggravated criminal
    sexual abuse or a subsequent conviction for criminal sexual
    abuse, forcible detention, or arson and has not been
    previously convicted of any of those offenses.
        (2) The woman must undergo an initial assessment
    evaluation to determine the treatment and program plan.
        (3) The woman was recommended and accepted for
    placement in the pilot residential and transition
    treatment program for women by the Department of
    Corrections and has consented in writing to participation
    in the program under the terms and conditions of the
    program. The Department of Corrections may consider
    whether space is available.
    (d) The program may include a substance abuse treatment
program designed for women offenders, mental health, trauma,
and medical treatment; parenting skills and family
relationship counseling, preparation for a GED or vocational
certificate; life skills program; job readiness and job skill
training, and a community transition development plan.
    (e) With the approval of the Department of Corrections, the
sheriff shall issue requirements for the program and inform the
participants who shall sign an agreement to adhere to all rules
and all requirements for the pilot residential and transition
treatment program.
    (f) Participation in the pilot residential and transition
treatment program for women shall be for a period not to exceed
12 months. The period may not be reduced by accumulation of
good time.
    (g) If the woman successfully completes the pilot
residential and transition treatment program for women, the
sheriff shall notify the Department of Corrections, the court,
and the State's Attorney of the county of the woman's
successful completion.
    (h) A woman may be removed from the pilot residential and
transition treatment program for women for violation of the
terms and conditions of the program or in the event she is
unable to participate. The failure to complete the program
shall be deemed a violation of the conditions of the program.
The sheriff shall give notice to the Department of Corrections,
the court, and the State's Attorney of the woman's failure to
complete the program. The Department of Corrections or its
designee shall file a petition alleging that the woman has
violated the conditions of the program with the court. The
State's Attorney may proceed on the petition under Section
5-4-1 of this Code.
    (i) The conditions of the pilot residential and transition
treatment program for women shall include that the woman while
in the program:
        (1) not violate any criminal statute of any
    jurisdiction;
        (2) report or appear in person before any person or
    agency as directed by the court, the sheriff, or Department
    of Corrections;
        (3) refrain from possessing a firearm or other
    dangerous weapon;
        (4) consent to drug testing;
        (5) not leave the State without the consent of the
    court or, in circumstances in which reason for the absence
    is of such an emergency nature that prior consent by the
    court is not possible, without prior notification and
    approval of the Department of Corrections;
        (6) upon placement in the program, must agree to follow
    all requirements of the program.
    (j) The Department of Corrections or the sheriff may
terminate the program at any time by mutual agreement or with
30 days prior written notice by either the Department of
Corrections or the sheriff.
    (k) The Department of Corrections may enter into a joint
contract with a county with more than 3,000,000 inhabitants to
establish and operate a pilot residential and treatment program
for women.
    (l) The Director of the Department of Corrections shall
have the authority to develop rules to establish and operate a
pilot residential and treatment program for women that shall
include criteria for selection of the participants of the
program in conjunction and approval by the sentencing court.
Violent crime offenders are not eligible to participate in the
program.
    (m) The Department shall report to the Governor and the
General Assembly before September 30th of each year on the
pilot residential and treatment program for women, including
the composition of the program by offenders, sentence, age,
offense, and race. Reporting is only required if the pilot
residential and treatment program for women is operational.
    (n) The Department of Corrections or the sheriff may
terminate the program with 30 days prior written notice.
    (o) A county with more than 3,000,000 inhabitants is
authorized to apply for funding from federal, local or private
entities to create a Residential and Treatment Program for
Women. This sentencing option may not go into effect until the
funding is secured for the program and the program has been
established.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (730 ILCS 5/5-5-4.3 rep.)
    Section 10. The Unified Code of Corrections is amended by
repealing Section 5-5-4.3.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/13/2012